ACHPR African Commission on Human and Peoples' flights Human nights ow Collective Responsibility Complainant's submission on the Merits Alleged violation of Articles 4 and 16(1) of the African Charter 73. The Complainants submitted that the Victim has been denied access to medical treatment. They submit that in 2010the Victim underwent a liver transplant, which necessitates periodic specialized medical treatment. The victim can only access the treatment by traveling abroad. Without such medical treatment, the Victim's health can deteriorate quickly, leading to irreparable harm. 74. The Complainants further argue that the prison conditionin Eritrea are abysmal, to the extent of making the right to enjoy the be~t~ttainable .state of physical and mental health, more problematic. 75. Additionally, the complainants aver that the Victim's extended detention places him at risk of a deliberate act oLextra~judicial execution. The basis for this submission, is that it is a common problem in the Respondent State. ~!'.--,--_:,< . " 76. The Complainants submit therefore, that the Respondent State has exposed the Victim to a great danger that Caribe a cause to a violation of his right to life, provided for in Article 4; and the highest attainable standard of physical health, as provided for in Article 16(1). They request a broad reading of the right to life as provided by the Commission in Kazeem Aminu v Nigeria35 to include the state's obligation to protect against real or imminent death. Alleged violation of Article 6 of the African Charter 77. The Complainants aver that the acts of 17 September 2018, of the Respondent State's security agents taking the Victim, and thereafter holding him in incommunicado detention, were in violation of the Victim's right to liberty. 78. Citing Article 19 v The State of Eritrea= wherein the Commission indicated that where a person is in continuous detention, without access to effective legal representation, or is unable to avail themselves of assistance, or is unable to i / /" \v' ~."o\ Cl ,u,,,, CT, v Nigeria, Communication 205/97 i~//' <:. __ " r (\ Article 19v The State of Eritrea, Communication 275/03, para 81, 93, and 99, referring,~he ~man t_? Rights com,m,ittee's decision in Albert Womah Mukollg v Cameroon, Communication fff/19~U(N Qo~, ,w~' CCPR/C/51/458/1991ofl0AugustI994,para, ,-~ 8 "'~,,./ :=' ~ oc_ t!::r' A"Org""ofthe \~ 'f. Au-uiO '3"-! 35 Kazeem Aminu 36 African I{~'r. Union ~;"'/~ The African Commission on\i~'\P~t:iVln .pe~ ~~?~<-~h~ 31 Bijilo Annex Layout, Kombo North ,i§~~9PWest-'6ba~\,ftegt0n Phone: (220) 230·'1' ~5(r(i2Q0r~41 0504 Email: au-baniulzsafrica-uhion.ora nttps.rachpr.au.int/O U D